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HomeMy WebLinkAboutContract 42026 I CITY FGRETARY CONTRACT NO. Ll� �? NATURAL GAS PIPELINE LICENSE AGREEMENT [COBB PARK(EAST WEST)] This NATURAL GAS PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES L.L.C. ("Company"), an Oklahoma limited liability company, acting by and through Dave Johns, Manager, Property Rights The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed Agreement. A. Company wishes to construct a Pipeline for an approximate total distance of 842.00 feet within a variable width right of way corridor for the transportation of Gas through a public park known as Cobb Park (East-West). Because Company is not a public utility, as that term is used in the City Charter and City Code, and because Company will not be providing services to end user customers in the City, Company is not required to obtain a franchise from the City, but is required to obtain the City's consent pursuant to a license agreement that sets forth the terms and conditions under which Company may use the public park. B. The City has reviewed Company's request and agrees to grant Company a license to use a portion of the surface and subsurface of Cobb Park (East-West) as set out in Exhibit "A" in order to construct, operate and maintain a pipeline, on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. Agreement 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association,joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use a portion of a public park known as Cobb Park in the location as set out in Exhibit "A" for (i) the construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any other directly related uses of the Park, pursuant to and in acco dance W1 , `A7mrnent. OFFICIAL REC`0'14D fj CITY SECRETAP'- Natural Gas Pipeline License Agreement Cobb Park(East-West) FT. WORTH' TXi, Page I of'27 Company shall mean Texas Midstream Gas Services, L.L.C., an Oklahoma limited liability company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of Fort Worth, Texas and the governing body of the City of Fort Worth, Texas. Commission shall mean the Railroad Commission of Texas or other authority succeeding to the regulatory powers of the Commission. Customer shall mean any Person located, in whole or in part, within the City. Director shall mean the Director of the City of Fort Worth's Parks and Community Services Department ("PACSD") or authorized representative. Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied natural gas, manufactured gas, or any mixture thereof. Park shall mean only that portion of the dedicated Cobb Park a public park as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust or any other form or business entity or association. Pipeline shall mean that certain six (6) inch nominal diameter pipeline for an approximate total distance of 842.00 feet and other facilities approved by the Director that are installed by Company in the Park in accordance with this Agreement and pursuant to the rules and regulations of the Railroad Commission of Texas. 2. GRANT OF RIGHTS. 2.1. General Use of Park for Provision of Gas. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances, the City hereby grants Company a license to (i) erect, construct, install and maintain the Pipeline over, under, along and across the Park and (ii) transport Gas through the portions of its Pipeline in, under, and across the Park as depicted in Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Park and does not allow Company to distribute, sell or otherwise provide Gas to any Customer. Natural Gas Pipeline License Agreement lCobb Park(East-west) —Page 2 of'27 TX-TARR-Nt)CI 1-000.05 f 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to enter into and grant other and future licenses and other authorizations for use of the Park to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the Park that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Park, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the Park by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4. Bonds. Prior to the commencement of any construction work in the Park, that requires a cut, opening or other excavation, Company shall deliver to the City bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed in the Park. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, terms and conditions of this Agreement and (ii) full payments to all persons, firms, corporations or other entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance and repair work is undertaken by a contractor of Company, Company shall also require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed by the contractor in the Park. The bonds shall guarantee (i) the faithful performance and completion of all construction, maintenance or repair work in accordance with the contract between Company and the contractor and (ii) full payment for all wages for labor and services and Natural Gas Pipeline License Agreement Cobb Park(East-Westfl —Page 3 of 27 FX-TARR-NOCI I-000.05 of all bills for materials, supplies and equipment used in the performance of that contract. Such bonds shall name both the City and Company as dual obligees. 3. TERM This Agreement shall become effective on the date as of which both parties have executed it ("Effective Date") and shall expire at 11:59 P.M. CST twenty (20) years from the last date of notarial acknowledgement on this Agreement unless terminated earlier as provided herein. 4. FEES AND PAYMENTS TO CITY. 4.1. License Use Fee. On or prior to the Effective Date, Company shall pay the City as compensation for its use of the Park for the Term of this Agreement the sum of$39,784.50 ("License Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is non-refundable and constitutes just and reasonable compensation to the City for Company's use of the Park. 4.2. Other Payments. In addition to the License Fee, Company shall pay the City all sums which may be due for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. Company shall reimburse the City for publication of this Agreement as required by the City's Charter. 4.3. Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum or the maximum amount allowed by law, whichever is less, computed monthly. If such outstanding sums are paid with interest within thirty (30) days following their respective due dates, Company's failure to pay such sums by their respective due dates shall not, in and of itself, constitute an Event of Default under Section 9 of this Agreement. 5. REGULATORY AUTHORITY OF THE CITY. Company's property and operations hereunder shall be subject to such regulation by the City as may be reasonably necessary for the protection or benefit of the general public. Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and regulations as adopted and modified by the Texas Railroad Commission and in this connection Natural Gas Pipeline License Agreement Cobb Park(East-Wcst)J -Page 4 of 27 TX-"CAR R-NOCI 1-000.05 Company shall be subject to, governed by and shall comply with all applicable federal, state„ and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF THE PARK. 6.1 Construction Schedule 6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall notify the PACSD not less than ten (10) days in advance of the proposed construction start date and shall meet with appropriate. City staff for the purposes of a Pipeline pre- construction meeting not less than five (5) days prior to initiating construction. The pre- construction meeting shall include, but not be limited to, information regarding the restoration of areas disturbed. 6.1.2. Completion of Construction. All construction of the Pipeline and work associated with the Pipeline shall be completed within one (1) year from the date this Agreement is signed by the City. Construction will be complete within one hundred twenty (120) days from the start of work. Construction shall include restoration of the Park. Company shall provide ground cover approved by PACSD of all disturbed areas which may include a combination of straw, seeding, sod or other materials. The completion deadline will be extended; day for day, for each day Company's construction is delayed under Sections 6.1.3, 6.1.4., and 20 of this Agreement. Failure to complete construction in accordance with the schedule described above shall be deemed an Event of Default and be subject to the terms in section 10.1 of this Agreement. 6.1.3. City Construction in Park. After the notice of commencement of construction as indicated in 6.1.1, the City shall notify Company not less than five (5) business days after its receipt of Company's notification of City plans to construct on the surface of Park that may conflict with Company's construction schedule. In order to avoid any conflict with proposed construction by the City, its agents, licensee or invitees, Company agrees to delay its construction for a period not to exceed ten (10) business days, and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. 6.1.4. Park Events. After the notice of commencement of construction as indicated in 6.1.1, the City shall notify Company, not less than five (5) business days after its receipt of the Company's notification, of planned events in the Park that may conflict with Company's construction schedule. In order to avoid any conflict with the planned event Company agrees to schedule its construction to accommodate such event and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. Natural Gas Pipeline License Agreement 1('obb Park(►'last-West) -Page 5 ot'27 TX-TARR-NO ('ll-O(10.05 6.2. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Park, public places and other City-owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not limited to City ordinances, rules and policies related to construction permits, construction bonds, permissible hours of construction, operations during peak traffic hours, barricading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.3. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present or future use of the Park by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Park, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Pipeline or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 6.4. Minimal Interference. Company will make all reasonable planning to minimize harm to the Park and shall comply with conditions as set forth below: 6.4.1. The Pipeline will be constructed by open trench method or horizontal directional drilling (HDD) method in the areas of the Park indicated on Exhibit `B". No other surface excavation or tree disturbance shall be permitted on the Park except where specified. Company will provide still photography or video media of trees to be protected as identified at the preconstruction meeting. Tree protection fencing where required shall be orange vinyl temporary fencing or as otherwise indicated in Exhibit B and shall be set at the critical root zone of the trees identified for protection during the preconstruction meeting by the City Forester. Once the tree protection fencing has been installed Company shall schedule a field inspection with PACSD to verify the location and installation of the fencing. Damage to trees shall be assessed as described in Section 6.7. 6.4.2 All open trenches and work areas are to be fenced with orange vinyl fencing. The fencing shall be installed along the perimeter boundaries of temporary construction workspace. The orange vinyl fencing shall remain in place until such time the site is restored as provided in this Agreement and when such restoration made by the Company has been inspected and accepted by the Director. All boring shall be at a minimum of eight (8) feet unless otherwise specified in Exhibit `B". For all open trenches, for the Park, the pipe shall be buried a minimum of four (4) feet from the top of Natural Gas Pipeline License Agreement Cobb Park(East-West)) —Page 6 of 27 TX-TARR-NOCI 1-000.05 the Pipeline unless otherwise agreed to in Exhibit `B". The City shall have the right, but not the obligation to have an inspector, present to verify the buried depth of the Pipeline. 6.4.3. Work Areas. Company shall specify work areas prior to construction and survey and stake said areas, notating the centerline and boundaries of the work areas as agreed upon at the pre-construction meeting held in accordance with section 6.1.1. Travel outside of the designated areas shall not be permitted. Any equipment to be stored in the work area must be approved by the Director or designee. 6.4.4. Trench Compaction. Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M. D698). Copies of all density testing shall be provided to a PACSD agent. During initial construction, the trenching shall be performed by double- ditching, with the top twelve inches (12") of soil being separated from the balance of the dirt removed in making the ditch or trench for installation of the Pipeline. In backfilling, after installation of the Pipeline, the topsoil first removed shall be used as cover soil in such a manner so as to result in it being returned to the top of the ditch as topsoil. Company shall verify in writing that the compaction was done in accordance with the above requirements. 6.4.5. Ingress and Egress. Any access gates used by Company shall either remain locked at all times or, when opened for use by Company, be manned for security purposes. Company temporary access and turn around needs shall be agreed upon and staked during the preconstruction meeting. At the preconstruction meeting, the Director or assignee will identify trees to be protected that are within fifty feet(50') of any access drive to be utilized by Company for the Pipeline construction. Company will provide protection of the identified trees prior to and during construction. Company will protect the trees by placing orange mesh fencing around the critical root zone of the trees. Company is to maintain and restore the utilized access drives to as good as or better than existed before Company's construction activity. The width of the travel lane shall not exceed twenty (20) feet, as outlined on the attached Exhibit `B". PACSD shall inspect the drive after its construction and prior to its use to ensure compliance with the plan agreed upon at the preconstruction meeting held in accordance with section 6.1.1. 6.4.6. Equipment. The area defined as a temporary workspace for equipment, storage of pipe and as a route of ingress and egress for vehicles shall be approved at the pre-construction meeting as contemplated in Section 6.1.1. Equipment to be stored on the Park must be cleared in advance with the Director. 6.4.7. Equipment Travel. All equipment shall remain within the license area of the Park. Travel outside of such designated areas shall not be permitted. All access travel ways and easements shall be fenced in with orange vinyl fencing. Such fencing shall remain in place at all times during the construction and restoration period. Pursuant to the terms of this Agreement, upon completion of construction, any damage from Company Natural Gas Pipeline License Agreement Cobb Park(Fast-West)] —Page 7 of27 TXA ARR-NOC11-000.05 activity to cable fences and ground disturbance shall be repaired or replaced in as good or better condition than existed prior to Company construction activity in the Park. Provided however, Company shall immediately notify City of any damage during construction to utilities used to service the Park. Upon notification PACSD shall determine the method of repair and Company shall immediately repair and restore the disturbed area to as good or better condition that existed prior to the Company's construction activity in the Park. 6.4.8. Tracer Wire. The Company shall have the right to lay tracer (tracking) wire on the Park to locate the pipeline during construction. 6.4.9. Temporary Fencing. The fencing shall be installed along the perimeter boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas. 6.4.10. Vegetation Requirements. Company will replant, reseed and water any area disturbed by the construction of the Pipeline as many times as necessary until a stand of grass is in place which is comparable to that which was originally in place, before the disturbance. The grass shall have an established root system which shall be approved and accepted by the Director or designee. Restoration of surface areas disturbed shall be seeded and maintained according to the specifications in Exhibit "C"; Company shall stockpile any and all excavated soil from the Pipeline construction and shall place said soil in the areas to be reseeded. Importing of outside soil shall not be allowed. 6.4.11. Surface Monitoring for Release of Fluids Company or Company's contractor will monitor drilling mud pressures. At least one employee will walk the length of the bore/horizontal directional drill during actual drilling activity to monitor for any signs of drilling mud ebbing to the ground surface. The individual(s) will notify the crew foreman and the Company construction supervisor of any signs of drilling mud ebbing to the ground surface. The Company shall contact the Director and notify them of the release and coordinate with the director on plan of action. The Company shall be allowed access to the park for containment of the release. At all times during boring operations Company will have on site hard copies of the Material Safety Data Sheets and the appropriate storm drain grid maps of and storm drain sheets at each bore/horizontal directional drill location. Sufficient materials will be maintained on site to protect against drilling mud or other fluids from entering the drainage system. Company will perform testing in the area of the release as required by the Director. 6.5. Emergency Procedures. 6.5.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or their authorized representatives, including, but not limited to, action that may Natural Gas Pipeline License Agreement lCobb Park(East-Wesol —Page 8 of'2 7 TX-TARR-NOCI 1-000.05 result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in this Agreement, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances. In addition, if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.5.2. The Company shall maintain written emergency response plans pursuant to 49 C.F.R. § 192.615. 6.5.3. In the event of an emergency directly that involves that portion of the Pipeline located in the Park and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. After the emergency has passed, Company shall apply for and obtain any applicable federal, state and local permits, as may be adopted and amended from time to time for the emergency work and otherwise fully comply with the requirements of this Agreement. Natural Gas Pipeline License Agreement 1Cobb Park(Fast-West) —Page 9 0127 TX-TARR-NOCI I-000.05 6.6. Surface Repairs Due to Company Activity. Upon completion of construction activity, Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City-owned property that are in any way disturbed or damaged by the construction, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good as or better a condition as such property was in immediately prior to the disturbance or damage. Unless otherwise specified in this Agreement or by the City, Company shall diligently commence such restoration within thirty (30) calendar days following the date Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar days following such removal. All materials for restoration of the Park shall be inspected and approved by the Director or designee prior to placement. Such soil and grass shall have all supporting documentation certifying the quality meets or exceeds specifications required pursuant to the specifications attached in Exhibit "C". All such planting material shall be inspected by the Director or designee prior to installation. Company will water each disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance. Surface areas to be restored shall be determined by the Director or designee. In the event of a spill, Company shall immediately notify the City and coordinate with the Director or designee the removal of any and all contaminated soil from the property in accordance with all applicable state and federal laws. 6.7. Damage to Trees During Construction,Maintenance or Repair. In the event of any damage to trees during the construction, maintenance or repair of the Pipeline Company shall comply with the following: 6.7.1 The City Forester shall have the right to inspect any trees located on the Park for damage by Company and if applicable may inspect trees for slight, moderate or severe damage as described below. 6.7.1.1. Slight Damage: Slight damage shall be defined as damage, in the opinion of the City Forester, that may heal, examples include but are not limited to scaring of the trunk into the cambial layer V2" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is less. Slight damage to tree(s) shall be assessed at a rate of. $100.00 for each instance of slight damage to tree(s). 6.7.1.2. Moderate Damage: Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the poor health and reduced longevity of the tree, examples include but are not limited to scaring of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than Natural Gas Pipeline License Agreement 1('obb Park(East-West) —Page 10 of 27 TX-TA R R-NOC 11-000.05 2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be calculated at a rate of '/z the assessed value of the tree per each instance of damage. 6.7.1.3. Severe Damage: Severe damage shall be defined as damage, in the opinion of the City Forester, that shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or removal of a tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of trees is subject to a penalty of$200.00 per diameter inch of trees removed or damaged for trees less than 30" in caliper, $400.00 per diameter inch of trees 30" caliper or greater. 6.7.2. Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by PACSD. Replacement shall be made on caliper inch per caliper inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or removed less than 30"DBH and 2" per inch on trees 30" DBH or greater. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years. Replacement trees will be planted during the optimal planting season as directed by the City Forester . Any tree that does not survive the 2-year establishment period shall be compensated for by the contractor to PACSD at a rate of$200 per caliper inch. 6.7.3. In addition to damages assessed by PACSD, trees removed shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.8. "As-Built"Plans and Maps. Company, at Company's sole cost and expense, shall provide the City (all applicable departments) with as-built plans of all portions of the Pipeline located in the City and the City's extraterritorial jurisdiction and maps showing such Pipeline within ninety (90) calendar days following the completion of such Pipeline. Company shall supply the textual documentation of such as-built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.9. Specifications of the Pipeline. The Company shall erect, install, construct, repair, replace and maintain the Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of Natural Gas Pipeline License Agreement KCobb Park(East-West)) —Page I I of27 TX-TARR-NOCI I-000.05 Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad Commission. The Pipeline shall not exceed a nominal diameter of six (6) inches and a right of way width of no more than 20 feet throughout the entire length of the Park. 6.10. Marking of Pipeline. The Pipeline shall be marked pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad Commission, which shall show conspicuously Company's name and a toll-free telephone number of Company that a person may call for assistance. 6.11. Surface Excavation and Additional Fees. The City shall have the right to coordinate all excavation work in the Park in a manner that is consistent with and convenient for the implementation of the City's program for public dedicated open space. In order to preserve the integrity of the Park, Company shall not cut, excavate or otherwise breach or damage the surface of the Park except as permitted under the terms of this Agreement. 6.12. Relocation of Pipeline. Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion of the Park all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, re-grading or traffic conditions; the installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the vacation, construction or relocation of streets or any other type of structure or improvement of a public agency; any public work; or any other type of improvement necessary, in the City's sole discretion, for the public health, safety or welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the PACSD in writing and the City will work in good faith with Company to negotiate a workable time frame. 6.13. Removal of Pipeline. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Park under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Park. Within six (6)months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline in place in accordance with applicable laws and regulations. If Company has not capped the Pipeline within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the Park Natural Gas Pipeline License Agreement lCobb Park(F,ast-West) —Page 12 of 27 TX-TARR-NOC11-000.05 abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such Pipeline; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 10 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping and leaving in place) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including, without limitation, fees, disbursements and reasonable expenses of attorneys, accountants and other professional advisors and of expert witnesses and costs of investigation and preparation) of any kind or nature whatsoever (collectively "Damages"), which may arise out of or be in any way connected with (i) the construction, installation, operation, maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; or (iv) Company's failure to comply with any federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the negligent or grossly negligent act(s) or omission(s) or intentional misconduct of the City. COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY KIND, INCLUDING DEA TH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY. Natural Gas Pipeline License Agreement JCobb park(East-West) —Page 13 of27 TX-I-A R R-NOC 11-000.05 7.2 Indemnification. COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS, COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS (`INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES, INCLUDING LOST REVENUES, WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES, (II) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE, (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (Ii) COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACTS) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF THE CITY. 7.3 Assumption of Risk and Environmental Remediation. COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS FULLY INSPECTED THE PARK, (ii) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK,AND (iii) COMPANY HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS CONDITIONS,IFANY, ON OR ABOUT THE PARK. ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY "ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCK COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY COMPANY,ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT CA USED BY THE CITY. Natural Gas Pipeline License Agreement 1('obb Park(Fast-West) —Page 14 of'27 'IX-TARR-NOCI I-000.05 7.4. Defense of Indemnitees. In the event any action, lawsuit or other proceeding is brought against any Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverage as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Park and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline. The required insurance can be met by a combination of self-insurance, primary and excess policies. 8.1. Primary Liability Insurance Coveraze. • Commercial General Liability: $1,000,000 per occurrence, including coverage for the following: (i) Premises Liability; (ii) independent contractors; (iii) products/completed operations; (iv) personal injury; (v) contractual liability; (vi) explosion, collapse and underground property damage. • Property Damage Liability: $10,000,000 per occurrence • Automobile Liability: $1,000,000 per accident, including, but not limited to, all owned, leased, hired or non-owned motor vehicles used in conjunction with the rights granted under this Agreement • Worker's Compensation: As required by law; and,Employer's Liability as follows: $1,000,000 per accident. Natural Gas Pipeline License Agreement 1('obb Park(East-West) -Page 15 of 27 TX-TARR-NOCI1-000.05 8.2. Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Agreement. Company agrees that within thirty (30) days of receipt of written notice from the City, Company will implement all such revisions requested by the City. The policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty(30) days'prior written notice to the City. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein. In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self-insured retention limits on any line of coverage required herein shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per line of coverage, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULTS. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Failure to Pay License Fee. An Event of Default shall occur if Company fails to pay any License Fee on or before the respective due date. Natural Gas Pipeline License Agreement Cobb Park(East-West) -Page 16 of 27 1'X-TARR-NO CI1-000.05 9.2. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. 9.3. Bankruptcy,Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.4. Violations of the Law. An Event of Default shall occur if Company violates any existing or future federal, state, or local laws, ordinances,rules and regulations of the City. 9.5 Failure to Complete Construction. An Event of Default shall occur if Company fails to complete construction of the Pipeline in accordance with section 6.1.2. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Company's failure to pay the License Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default, Company shall have sixty (60) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Natural Gas Pipeline License Agreement[Cobb Park(East-West)l —Page 17 o1'27 TX-TA R R-NOC 11-000.05 Event of Default shall, without further notice from the City, become an "Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's unperformed obligations and existing liabilities as of the date of termination, this Agreement shall automatically be deemed null and void and shall have no further force or effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the Park as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. 10.2.2. Legal Action against Company. Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Filings with the Commission. Company shall provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under consideration or approved by the Commission; and (iii) applications and any supporting pre-filed testimony and Natural Gas Pipeline License Agreement lCobb Park(East-West) —Page 18 oC27 TX-TARR-NOCI 1-000.05 exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City upon request with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation concerning or related to its transportation of Gas through or other operations in the City. 11.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, contractors and subcontractors. Company further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between the City and Company. 13. ASSIGNMENT PROHIBITED. Company may not assign or otherwise transfer any of its rights or obligations under this Agreement unless specifically authorized in writing by the City, which authorization shall not be unreasonably withheld; provided, however, that Company may make such an assignment of its rights to an affiliated company without the consent of City, provided, that upon such assignment, Company shall notify City within sixty (60) days of said assignment. An `affiliated company' shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled by, or is under common control with Company. For purposes of this clause, `control' means direct or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity. Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee. Natural Gas Pipeline License Agreement lCobb Park(East-Westfl —Page 19 of 27 TX-TA R R-NOC 11-000.05 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when(i)hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid,return receipt requested, addressed as follows: To THE CITY: To COMPANY: City of Fort Worth Texas Midstream Gas Services,L.L.C. Parks and Community Services Director Mr. Dave Johns 1000 Throckmorton Manager, Property Rights Fort Worth, TX 76102 100 Energy Way Fort Worth, Texas 76102 with a copy to: with a copy to: City of Fort Worth Texas Midstream Gas Services,L.L.C. Department of Law C T Corporation System Attn: Attorney for PACSD 350 North St.Paul Street, Suite 2900 1000 Throckmorton Dallas, TX 75201 Fort Worth, TX 76102 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any rights that the City may have, either under this Agreement or the law, shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. This Agreement shall be construed pursuant to and in accordance with the laws of the United States of America and the State of Texas. If any action, whether real or asserted, at law or in equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use Natural Gas Pipeline License Agreement lCobb Park(L.ast-West) —Page 20 of'27 TX-TA R R-NOCI I-000.05 of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. 18. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of the Park. 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final order entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 20. FORCE MAJEURE. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 21. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of Natural Gas Pipeline License Agreement lCobb Park(Last-Westfl —Page 21 of 27 TX-TARR-NOC11-000.05 this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES,L.L.C. By: / By: s Alanis ave J Assistant City Manager wMI��M ger,Pr perry Rights Date:_ i I C ', Date: APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney M&C.A-- 11��9A Attested by. ICY k F Marti Hendrix, City retary U �� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Natural Gas Pipeline License Agrecment[Cobb Park(l-;ast-Wcst)j —Page 22 of 27 TX-TARR-NOCI1-000.05 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this V day of�, 2011, by Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. LINDA M.SIRRLIN Not Public, State of Texas ,AY COMMISSION EXPIRES `^ February 2 2014 LINDA M.SIRRLING R MY COMMISSION EXPIRES Febntery 2,2014 N RECORD RETARY TH, TX Natural Gas Pipeline License Agreement 1Cobb Park(Fas(-Wcst)j -Page 23 of 27 I'X-I'ARR-N(K'11-000.05 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this_$ day of , 2011, by Dave Johns, Manager, Property Rights, for Texas Midstream Gas Services, L.L. . an Oklahoma limited liability company, on behalf of said company. JEANETTE MICHELLE HILL Notary Public,State of Texas ;. My Commission Expires fsbruarY 21, 2015 rl P lie, State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH TX Natural Gas Pipeline License Agreement [Cobb Park(FAst-West) -Page 24 ot'27 ]'X-TAR R-NO('11-000.(15 EXHIBIT "A" Natural Gas Pipeline License Agreement lCohh Part.(East-west)l Pagc 25 of 27 EXHIBIT 'A' t IRF J' DA VIS SURVEY ARLINGTON AVE. ABSTRACT No. 418 \\\\ 4-- ` Q��T� F2 T COBB PARK APPROXIMATE LOCATION V BAR V I I DRIVE WEST SLJRVEY LINE REAL ESTATE �I II (PAVEMENT) \ \� PARTNERSHIP, L.P. r \ I" IRF DOC. NO. D208009829 I I DUVAL STREET \ (CM) D.R.r.c.r. (50' RICHT-OF-WAY) \ \\ PIPELINE ESMT. I I 50' T.P. 8 L. ESMT. VOL. 423, PG. 24 VOL. 9244, PG. 1993 I D.R.T.C.r. \ D.R.T.C.T. I I I I I , / II TEMP. � I DIVE PARK I o TEMPORARY WORKSPACE I I TX-TARR-NOCH-000.05 ^1 WORKSPACE tPAVEMENT, ESMT. BY / I I I to°O. EASEMENT SEPARATE CITY OF FORT WORTH I ^;� BY SEPARATE INSTRUMENT 5/8" IRF COBB PARK I I I INSTRUMENT VOL. 774, PG. 51 I I PLACE OF B co ECINNINC S 72°25 25' E I I a'' I I (D a 841.58' IoP� J co 3/8" 0 I �._�_ 11 I III �a° IRF I \:��. I I, I I ° 3/4" S 49'12'00" W l I I I I I 0 IRF 37.89' . 111`1 i PERMANENT I VALVE SITE EASEMENT BY SEPARATE 20' WIDE LICENSED I 'I I BY EASEMENT INSTRUMENT AREA Q I I I I INSTRUMENT TEMPORARY CL LENGTH = 842' o J I- I I 51 RODS '_ �I L6ID:E::KER ST. CONSTRUCTION / EASEMENT BY 0.386 AC. / / SEPARATE 1(16,832 SO. FT.) INSTRUMENT COBB PARK DRIVE(PAVEMENT) E.S. TERRELL SURVEY // / ; I I I I o Q ABSTRACT No. 1527 f ' •I I I I a�n-ci r, j F�v'F L E G E N D APPARENT LOCATION OF ,1 I I ki l I I 01 0"a POSSIBLE WATER ESMT. CM CONTROLLING MONUMENT (NO RECORDING FOUND) o ; IRF IRON ROD FOUND 4 ' I In IRS IRON ROD SET p II II o LICENSED AREA \\ Q TEMPORARY ( \\\ !^ I EASEMENTCE BY SEPARATE p } i INSTRUMENT NOTES: O (1) ALL BEARINGS SHOWN HEREON ARE V "' > CORRELATED TO THE TEXAS STATE PLANE I �I COORDINATE SYSTEM. NORTH CENTRAL ZONE FOUR SEVENS / 0 4202. NAD OF 1983, AS DERIVED BY FIELD J p PIPELINE ESMT. r OBSERVATIONS UTILIZING THE RTK NETWORK 2 ADMINISTRATED BY WESTERN DATA SYSTEMS. �C• �• i (2) TITLE INFORMATION PROVIDED BY D207084836 I =I W U 01 D.R.T.C.r. o TEXAS MIDSTREAM GAS SERVICES, L.L.C. 0 (3) THIS SURVEY WAS MADE ON THE GROUND L.C. TUBB JR. U) Q = THE DIRECTION OF GREGG A.E. MADSEN, VOL. 92a1, PG. loo R.P.LS. NO. 5798. I t' g (4) REFER TO THE ACCOMPANYING FIELD // R.T.C.T. I 3/4- IRF NOTES ATTACHED HERETO AND MADE A PART (CM) ! I F 7 01 3 JH SHOW COBB PARK DRIVE WEST PAVEMENT JLH 6 11/05 BMW LABEL ESMT. AS LICENSED AREA J.H t e X !� S MIDSTREAM 5 10/28! BMW REVISE PERMANENT ESMT. JH G A S S E R V I C E S REV. DATE BY DESCRIPTION CHK. NOVIKOFF TO JUNKYARD ° CiTY OF FORT WORTH - COBB PARK $ PROJECT NO. TX-TARR-NOCH-000.05 20' WIDE LICENSED AREA a 563352 iARRANT COUNTY, TEXAS DRAWN BY:LIR DAFL:08-20-2009 DWG. NC. REV. SURVEYOR PREPARING THIS EXH19!i: ti CHECKED BY: :,A! -13-2Cn WIER FA ASSOCIATES, INC. SCALE: 1-- DD APP.: 1 F L EXHIBIT "A" FIELD NOTES — CENTERLINE DESCRIPTION 20' WIDE LICENSED AREA BEING A TRACT OF LAND LOCATED IN THE E. S. TERRELL SURVEY, ABSTRACT No. 1527, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, (COBB PARK), RECORDED IN VOLUME 774, PAGE 51, D.R.T.C.T., AND BEING A STRIP OF LAND, 20 FEET WIDE, BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN A WEST LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTHEAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO V BAR V REAL ESTATE PARTNERSHIP, RECORDED IN DOCUMENT NUMBER D208009892, D.R.T.C.T., FROM WHICH A 3/4" IRON ROD FOUND BEARS S 49-12-00- W. 37.89 FEET, SAID IRON ROD BEING THE SOUTH CORNER OF SAID V BAR V REAL ESTATE TRACT: THENCE S 7725'25" E, DEPARTING A WEST LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTHEAST LINE OF SAID V BAR V REAL ESTATE TRACT, 841.58 FEET TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF COBB PARK DRIVE (A CALLED 70' WIDE RIGHT-OF-WAY). 0 F r ,`P.•��SiEpF4- GREGG A. I;. 0 1 vp. 9 a° THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN. R.P.L.S. z NO. 5798 DURING THE MONTH OF AUGUST 2009. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE rc TEXAS STATE PLANE COORDINATE SYSTEM. NORTH CENTRAL ZONE 4202. NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. f- F 7 01113 JLH SHOW COBB PARK DRIVE WEST PAVEMENT JLH 6 11/05 BMW LABEL Esai. As LICENSED AREA JLH t e X S MIDSTREAM 5 10/28 BMW RENSED PERMANENT ESMT. JLH G A S S E R V I C E S R REV. DATE BY DESCRIPTION CHK. NOVIKOFF TO JUNKYARD °w C'.TY OF FORT WORTH - COBB PARK o PROJECT NO. 20' WIDE LICENSED AREA 563352 TX-TARR-NOCF-000.05 TARRANT COUNTY, TEXAS DRAWN B": LIR DATE:DE-20-C9 DWG, NC. PF v. �URVEYCR P4EPAP.ING -,HIS EXHIBI`: o CHECKED 3Y: DATE:01- WIER & ASSOCIATES, INC. SCALE: N/A APP.: 2 0 F =. EXHIBIT "B" Open trench and boring areas tiaturaI(la, Pipeline I.icensc-lgrcemcnt 1(ohh Park (I.a,t-"cst)� Pagc 26 of 27 �o 110 ,�.,,.,..�x.o wx"✓r.s'��".p caw 'gig a o au m,n.vw ow y O - ,x ° � f..m.,n,a.,o)lii�.'S],waK G�•C — 6CC 1�YN15BV „E ♦3ntlf1S S3N.vN'f _ _ !!{{ _ _ ix Y 1. • ___ _ _ __ _ __ G s s V —_-1zi,—reuser——_ _— — b ma n m,,.• ,, .��M,r3ww�5-1 - 6 X W f J a 8 C7 4 Z i — p;o g Ld 3 r 7 bj o= ,..�,.,��. �••�+r,..+. ter` °� � ¢ � a f e .3. b z IVY a� f as � € ! � s d e U � P I a LL S �f � .I f ,I B �Q x b•. � i«<n.Y�h&ab°L �u Ef.:ti P���$} i � �a g�s�e� Q _ 8 x•�a'srY6pe ,g,Y '— I -- y-1 '----------� III�Q Z �li;f iiilll 111 nx ,r..... vi 9 I I L T �Ist 8 I : 'i3ii� ii# a Lj 8.€s a©o..00 . ' 8s�� 1 W EXHIBIT "C" PARK RESTORATION AND RESEEDING SPECIFICATIONS Natural Gas Pipeline License Agreement 1C'obb Park(East-West)) —Page 27 o1'27 TV-1 ARR-NOCI 1-000.05 d SECTION 02300-EARTHWORK PART1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services required to construct,shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200- Site Preparation. , B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The 1 total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2-PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated,within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL , A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native 41 materials removed in unclassified excavation,or similar imported materials, shall be 4 used insofar as practicable as unclassified fill. Properly deposited,conditioned, and compacted fill is hereinafter referred to as "earth embankment." 1 B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are 4 permissible in fill materials used to construct earth embankment. Minor quantities of d rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments, provided such placement of rock is not immediately adjacent to structures or piers. Also,rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their . incorporation in the normal embankment layers. 2.03 TOPSOIL- On-Site Topsoil: Topsoil shall consist of an average depth of six inches of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading," as specified in Section 02200, "Site . Preparation." Topsoil may be greater or less than the upper six inches (b'� in depth. d A r EARTHWORM d 02300 S J 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that; (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or; (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment. B. The Developer/Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the M Contractor. C. A sample of the proposed imported fill must be provided by the Developer/Contractor E and be approved by the Owner. In general, imported material must be equal to or better t than native material in quality and engineering characteristics. The Owner may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS i A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 1 1 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top dressing will be declared as "'unsuitable" by the Owner if, in his opinion, any of the fallowing conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks greater than one half inch(1/2")diameter 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer/Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EAR M WORK ' 02300 2- PART 3-EXECUTION , 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise,topsoil will be replaced after excavation and embankment construction are complete. , B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Owner. . C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner. Stored topsoil shall be kept separate from other , excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. e D. Timing: Topsoil will not be replaced(deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as , overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, . processed, compacted,and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of i earthwork(including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine , grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch(1-1/2'� in diameter or they shall be removed. . All rocks of one inch or greater shall also be removed. Grading operations and , equipment will be such that topsoil does not become overcompacted. Bulldozer blades . and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satis:actory if they are true to grade, true in plane, even in gradient(slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will . be reworked. Finished areas will promote surface drainage and will be ready for . turfgrass planting. . EARTHWORK 02300 . -3- } t 1 3.03 UNCLASSIFIED EXCAVATION i A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. 4 B. Surplus Material: 4 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations,including excavation, embankment construction,topsoil replacement, and final grading,are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise indicated on the plans,excavation in solid rock shall extend six inches below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3 !. 3.04 EARTH EMBANKMENT } A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area-on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each-layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to r be placed. The subgrade shall be proof rolled to detect soft spots,which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumate tired roller, loaded dump truck, or similar piece of equipment weighing approximately 25 tons except as otherwise specified for tree protection and areas inaccessible to vehicular 1 compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods ; { before commencing embankment construction. The surface of the ground, including ± t plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be I restored to approximately its original slope by blading or other methods, and, where EARTHWORK 02300 j -4- i f indicated on the plans or required by the Owner, the ground surface, thus prepared,shall be compacted by sprinkling and rolling. ' D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six inches to provide a bond 1 between the existing surface and the proposed embankment. Scarification shall be i accomplished by plowing,discing,or other approved means. Prior to fill placement,the , loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However,in certain , cases where fill is to be placed against hillsides or existing embankment with slopes , greater than 4:1,the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. . F. Depositing: Fill material shall be placed in horizontal layers or lifts,evenly spread,not to exceed eight inches(8'�in loose depth before conditioning and compaction. Unless otherwise permitted,each layer of fill material shall cover the length and width of the . area to be filled and shall be conditioned and compacted before the next higher layer of . fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such . that the specified compaction-will be obtained, and the fill will be firm, hard, and . unyielding. Fill material which contains excessive moisture shall-not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the , Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper . densities for their respective functions. All embankment serves in one capacity . or another as subgrade(e.g., under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements,slabs, etc. . 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%)of Standard Density ASTM D698 with plus four . percent(4%) or minus two percentage (2%) points of optimum moisture content. . B. Earth Embankment Under Structures and Pavement: The top six inches (6'� of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be . ninety five percent(95%) to ninety eight percent (98%) of Standard Density ASTM . FAR M W ORK 02300 D698 with the moisture content at minus two percent(2%)to plus four percent(4%) of optimum. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Developer/Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%)below optimum in the top twelve inches (12'� of the fill will require that the top twelve inches (12')of the embankment be scarified,wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired,the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted,damaged or displaced it shall be # restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. f END OF SECTION t 1 i I f i i FAR MWO RK � 02300 -6- f I SECTION 02830-SEEDING PART1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. I B. Related Work Specified Elsewhere: Section 02300,Earthwork. I 1.02 REFERENCE STANDARDS 1 A. Standardized'Plant Names ' 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature;Second Edition, 1942.. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller,' B. Texas Highway. Department: Standard Specifications for Construction,Item 164, "Seeding for Erosion Control"and Item,180, "Wildflower Seeding'. 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed,seed must have been harvested within one hundred(100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. i 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. , B. Fertilizer 1 1. Unopened bags labeled with the analysis 1 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. B. Schedule after all other construction is complete. A SECTION 02930-SF.EDfNG C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3.. Until seeding is complete and accepted 1.05 QUALITY CONTROL The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01' MATERIALS' A. Seed All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per acre. Substitution of individual seed types due to lack of availability shall be determined only by the City at the time of planting. The Developer/Contractor shall notify the City of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in 4 the field.and approved by the City. Weed seed shall not exceed 10 percent by weight of the total of pure live*seed(PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean,dry and harvested within one year of planting. I. Non-native grass seed shall consist of If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name. Purity Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiJlorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2 dative grass seed-The seed shall be planted between February 1 and October 1 and shall consist of Lbs. PLS/Acre Common Name Botanical Name SECTION 02930-SEEDING > -2- 1 1 16 Green Sprangletop Leptochloa dubia 40 Sideoats Grama* Bouteloua eurtipendula 1 64 Little Bluestem* Schizachyrium scoparium 200 Buffalograss Buchloe dactyloides , 40 Indian Crass* Sorghastrum avenaceum M 16 Big Top Lovegrass* Eragrostis hirsuta 16 Weeping Lovegrass Eragrostis curmla 80 Canada Wild Rye* Elymur canadensis var. canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 3 Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3.02,A). ,. The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name 10 Foxglove* Penstemon cobaea 20 Lanceleaf Coreopsis Coreopsts lanceolata 50 Bluebonnet Lupinus texensis 10 Pink Evening Primrose Oenothera speciosa 10 Purple Coneflower* Echinacea purpurea 20 Indian Blanket Gaillardia pulchella M 10 Mexican Hat Ratibida columnaris 3 Maximillian Sunflower* Helianthus marimillana 10 Winecup Callirhoe involucrata 10 Lemon Mint* Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temnorary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in-this section. 0 B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products(waste products from paper mills or recycled newspaper). !� 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten(10) percent moisture,air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. 40 so SECTION 02930-SEEDINO i C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas—one hundred (100)pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas—one hundred fifty (150)pounds of Nitrogen per acre. D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering/ irrigation,water truck or by any other method necessary to achieve a viable acceptable stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied for approximately two to three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.01, B.Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater,use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East,Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 NIDCNG Seed,mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slung. 2. Mixture forms a blotter-like ground-cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30) minutes after placed in the equipment. i i SECTION 02930-SEEDING I I PART 3—EXECUTION 1 I 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush,wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling ' 1. In all compacted areas till one(1) inch deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half inch(1/2'1 inside "drip line" of trees. , C. Watering: Soil should be watered to a minimum depth of four inches within forty eight 1 (48)hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. . 3. Never cover seed with more soil-than twice its diameter. ' 4. For wildflower plantings, scalp existing grasses to one inch,remove grass clippings, so seed can make contact with the soil. B. Mechanically Seeding(Drilling): i If mechanically seeding(drilling)the seed or seed mixture, the quantity specified shall be . uniformly distributed over the areas shown on the plans or where directed. All varieties of seed,as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter(1/4") inch to three eighths (3/8") inch utilizing a pasture or rangeland . type drill. All drilling is to be on the contour. After planting, the area shall be rolled with . a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All rolling of slope areas shall be on the contour. 3.03 MULCHING . A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. . 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs./:acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SECTION 02930-SEEDING ' - 5- 5. "Flat"and"sloping"surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30)minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: 1. For approximately twenty-one(21)days,or 2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection,replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand"shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to t zee (2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930-SEEDING -6- 1 1 1 SECTION 02300-EARTHWORK PART1 -GENERAL 1.01 SCOPE: Work in this section includes furnishing all labor,materials, equipment, and services 1 required to construct, shape, and finish earthwork to the required lines, grades,and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE I A. Section 02200 - Site Preparation. 1 B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis , only. PART 2 -PRODUCTS i 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated,within the limits of the work. Unclassified excavation includes all material encountered regardless of its nature or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible in fill materials used to construct earth embankment. Minor quantities of d rock of greater dimensions may be placed in the deeper fills in accordance with the . State Department of Highways and Public Transportation requirements for construction of rock embankments,provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their , incorporation in the normal embankment layers. 2.03 TOPSOIL - On-Site Topsoil: Topsoil shall consist of an average depth of six inches of native surface soil left in place after the ground cover of herbaceous vegetation and other objectionable matter has been cleared by "blading,"as specified in Section 02200, "Site . Preparation." "Topsoil may be greater or less than the upper six inches (6") in depth. d 41 r EARTH WORK d 02300 S • 1 - 2.04 IMPORTED FILL R A. Imported fill materials shall be used for the construction of earth embankment in the event that; (1)the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or; (2)the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth w embankment. B. The Developer/Contractor shall haul and place imported fill obtained from off-site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Developer/Contractor and be approved by the Owner. In general,imported material must be equal to or better than native material in quality and engineering characteristics. The Owner may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS r A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 1 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top dressing will be declared as"'unsuitable"by the Owner if, in his opinion,any of the fallowing conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel ' 7. Rocks greater than one half inch(1/2")diameter 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. I C. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer/Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EAR rtiwoRc i 02300 -2- PART 3-EXECUTION 3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be ' performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be 1 replaced after excavation and embankment construction are complete. , B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment construction are planned. Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the , opinion of the Owner. . C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will 4 later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in 4 locations approved by the Owner. Stored topsoil shall be kept separate from other . excavated materials and shall be protected from contamination by objectionable ' materials that would render it unsuitable. e D. Timing: Topsoil will not be replaced(deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as . overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E. Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, . processed, compacted,and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated,topsoil will be replaced over all areas of i earthwork(including slopes),except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow, weighted drag, tractor box blade, light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (I-1/2") in diameter or they shall be removed. , All rocks of one inch or greater shall also be removed. Grading operations and , equipment will be such that topsoil does not become overcompacted. Bulldozer blades . and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. G. Acceptability: Finished areas of topsoil are satis:actory if they are true to grade, true in plane, even in gradient(slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will . be reworked. Finished areas will promote surface drainage and will be ready for , turfgrass planting. EARTH WORK • 02300 . -3 - i I i 3.03 UNCLASSIFIED EXCAVATION i A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. j B. Surplus Material: ! 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations,including excavation, embankment construction,topsoil replacement, and final grading,are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise f indicated on the plans,excavation in solid rock shall extend six inches below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. i ! 3.04 EARTH EMBANKMENT i A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans,all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each-layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans,and each section of the embankment shall correspond to the detailed section or slopes established by the drawings. After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. C. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to ' be placed. The subgrade shall be proof rolled to detect soft spots,which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, c loaded dump truck, or similar piece of equipment weighing approximately 25 tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including i plowed, loosened ground,or surfaces roughened by small washes or otherwise, shall be f restored to approximately its original slope by blading or other methods, and, where j c FnRniwowc ) 02300 -4- indicated on the plans or required by the Owner,the ground surface, thus prepared,shall be compacted by sprinkling and rolling. ' D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing,discing, or other approved means. Prior to fill placement,the , loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. 1 E. Benching: Scarification is normally adequate for sloping surfaces. However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes , greater than 4:1,the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. . F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread,not to exceed eight inches(8'D in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such . that the specified compaction-will be obtained,and the fill will be firm,hard, and . unyielding. Fill material which contains excessive moisture shall-not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or • sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity . or another as subgrade(e.g.,under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements, slabs, etc. 3.05 DENSITY CONTROL r A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%)of Standard Density ASTM D698 with plus four . percent (4%) or minus two percentage (2%) points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six inches (6'� of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be . ninety five percent(95%) to ninety eight percent (98%) of Standard Density ASTM EARTH WORK 02300 - i- D698 with the moisture content at minus two percent(2%)to plus four percent (4%) of optimum. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment,the Developer/Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%)below optimum in the top twelve inches(12'� of the fill will R require that the top twelve inches(12")of the embankment be scarified,wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. �j 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be t restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. 1 s I END OF SECTION j M i i i EAR FIf WORK 02300 -6- f i SECTION 02830-SEEDING PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed,as specified on the plans. B. Related Work Specified Elsewhere: Section 02300,Earthwork 1.02 REFERENCE STANDARDS I A. Standardized'Plant Names 1. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,Second Edition, 1942:. 2. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller,' B. Texas Highway Department: Standard Specifications for Construction,Item 164, "Seeding for Erosion Control"and item,180, "Wildflower Seeding". � 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed(PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred(100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. i 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. , B. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. w B. Schedule after all other construction is complete. SECTION 02930-SEEDNG 1 C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3.. Until seeding is complete and accepted 1.05 QUALITY CONTROL The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed All seed shall be planted at rates based on pure live seed(PLS=purity x germination)per acre. ` - Substitution of individual seed types due to lack of availability shall be determined only by the City at the time of planting. The Developer/Contractor shall notify the City of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Weed seed shall not exceed 10 percent by weight of the total of pure live-seed(PLS)and other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean,dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name. Purity Germination 25 Bermuda(unhulled) Cynodon dactylon 85% 90% 75 Bermuda(hulled) Cynodon dactylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium multiJlorum 82% 80% 40 Bermuda(unhulled) Cynodon dactylon 84% 85% 2 Native grass seed -The seed shall be planted between February 1 and October I and shall consist of: I.bs. PLS/Acre Common Name Botanical Name SECTION 02930-SEEDING -2- 16 Green Sprangletop Leptochloa dubia 40 Sideoats Grama* Bouteloua curtipendula 64 Little Bluestem* Schizachyrium scoparium 200 Buffalograss Buchloe dactyloides ' 40 Indian Grass* Sorghastrum avenaceum , 16 Big Top Lovegrass* Eragrostis hirsuta 16 Weeping Lovegrass Er.agrostis curvula 1 80 Canada Wild Rye* Elymus canadensis var. , canadensis , *These grasses are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 3 Wildflower seed-All wildflower seeds are to be hand broadc ast, (see 3.02,A) • The seed shall be planted between March 5 and May 31 or between September:1 and December I and shall consist of Lbs. PLS/Acre Common Name Botanical Name 10 Foxglove* Penstemon cobaea 20 Laneeleaf Coreopsis Coreopsts lanceolata 50 Bluebonnet Lupinus texensis 10 Pink Evening primrose Oenothera speciosa 10 Purple Coneflower* Echinacea purpurea 20 Indian Blanket Gaillardia pulchella 10 Mexican Hat Ratibida columnaris 3 Maximillian Sunflower* Helfanthus maximillana 10 Winecup Callirhoe involucrata 10 Lemon Mint* Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temoorary erosion control seed When specified on the plans,temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in-this section. B. Mulch I. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper-by-products(waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. �I 4. Mulch should contain no more than ten(10) percent moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall form a strong moisture retaining mat. SECTION 02930-SEEDING -3- C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding. b. Where applying fertilizer on newly established seeding areas—one hundred (100)pounds of Nitrogen per acre. C. Where applying fertilizer on established seeding areas—one hundred fifty (150)pounds of Nitrogen per acre. D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering/ irrigation,water truck or by any other method necessary to achieve a viable acceptable stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2")per week should be applied for approximately two to three weeks or until project is accepted by the City. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater,use the following soil retention blanket(Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 NfDCNG Seed,mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter-like ground.cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty(30) minutes after placed in the equipment. y SECTION 02930-SEEDING PART 3—EXECUTION ' 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: ' 1. Stumps, stones, and other objects larger than one inch. ' 2. Roots,brush,wire,stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B. Tilling i 1. In all compacted areas till one(1) inch deep. , 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less i seed/water run-off. 3. In areas near trees: Do not till deeper than one half inch(1/2'1 inside "drip line" of trees. , C. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48)hours of seeding. 3.02 SEEDING , A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. . 3. Never cover seed with more soil-than twice its diameter. . 4. For wildflower plantings, scalp existing grasses to one inch,remove grass . clippings,so seed can make contact with the soil. B. Mechanically Seeding(Drilling): If mechanically seeding(drilling)the seed or seed mixture, the quantity specified shall be . uniformly distributed over the areas shown on the plans or where directed. All varieties . of seed, as well as fertilizer,may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter(1/4") inch to three eighths (3/8'� inch utilizing a pasture or rangeland . type drill. All drilling is to be on the contour. After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type. All . rolling of slope areas shall be on the contour. 3.03 MULCHING . A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. B. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre. . 2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre. . 3. Clay soils, flat surfaces - minimum 2,500 lbs./acre. 4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SECTION 02930-SEEDING • 5. "Flat"and"sloping"surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30)minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: 1. For approximately twenty-one(21) days,or 2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection,replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand"shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to*zee(2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SECTION 02930-SEEDING -6- City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, June 14, 2011 REFERENCE NO.: L-15211 LOG NAME: 8000BB PARK GAS PIPELINE EAST -WEST ALIGNMENT SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Cobb Park (East-West) for the Purpose of Installing a Six-Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement with Texas Midstream Gas Services LLC, in the Amount of$39,784.50 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists for the use of Cobb Park for the location of the proposed natural gas pipeline; 3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the parkland and including that the pipeline will be constructed in Cobb Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.39 acres of dedicated parkland of Cobb Park for the installation of a six-inch natural gas pipeline; and 5. Authorize the execution of a License Agreement with Texas Midstream Gas Services LLC, in the amount of$39,784.50 Per action taken at the June 14, 2011, Council meeting, this item was approved with the amendment stipulating that $39,784.50 be dedicated to improvements at Cobb Park. . Cobb Park - located at 1600-3000 Cobb Drive, Mapsco 77M, R, V, Z and 78J, N, S and W, located south of Rosedale Street, north of Avenue G, west of Hall Street, east of Duval Street, east of Cobb Park Drive West, east of Old Mansfield Road, bisected by Maddox Avenue, Berry Street and U.S. Highway 287, east of Glen Garden Drive, north and west of Cobb Drive and west of Burchill Road, in Council District 8. DISCUSSION: The purpose of this M&C is to authorize the execution of a license agreement with Texas Midstream Gas Services LLC (TMGS), in the amount of$39,784.50 for use of a portion of the subsurface of Cobb Park (East-West) for the purpose of installing an six-inch natural gas pipeline. The Parks and Community Services Department (PACSD) has been approached by TMGS, to request Logname: 8000BB PARK GAS PIPELINE EAST -WEST ALIGNMENT Page 1 of 2 the approval for the installation of a natural gas pipeline in Cobb Park (East -West). The natural gas pipeline will be transporting gas from the Novikoff Well Pad Site to the Junkyard Well Pad Site. The proposed alignment will allow the installation of one six-inch pipeline. A 20-foot wide gas pipeline alignment is being requested, which equates to approximately 16,400 square feet (0.38 acres). The proposed license agreement requires TMGS bore the entire length of the pipeline within the park. The bore depth shall be a minimum of 10 feet below the surface. No trees will be impacted by the requested alignment. Staff is recommending as a condition of granting this alignment that TMGS be assessed the recommended standard fee of$47.25 per linear foot of pipeline. This is consistent with fees assessed under the City's current Right-of-Way Use Agreements for the installation of non-utility equipment, appliances or appurtenances in public right-of-way. In this instance, a fee of approximately $39,784.50 will be assessed for approximately 842.00 linear feet of gas pipeline. TMGS has been made aware of this fee and is agreeable to this assessment. The funds generated from the assessment will be distributed in accordance with the City's Financial Management Policy Statements, Gas Well Revenue Policy. A license agreement will be required. On May 25, 2011, the Parks and Community Services Advisory Board (PACSB) endorsed staffs recommendation that the City Council authorize the conversion of approximately 0.38 acres of parkland at Cobb Park as proposed. In accordance with State law, the public notice was advertised in the Fort Worth Star-Telegram on May 17, 2011, May 24, 2011, and May 31, 2011. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. A letter announcing the proposed use was sent to the president of the Burchill Neigborhood Association, Glencrest Civic League, Mitchell Boulevard Neighborhood Associations, Parker Essex Boaz-PEB Neighborhood Associations and Southeast Kingdom Neighborhood Association on May 20, 2011. Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department. Staff will note any public comment received during the public hearing Report of City Staff. Cobb Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GC10 446300 006060001000 $19,892.25 T127 446300 006127099901 $19,892.25 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1. MAYOR AND COUNCIL COMMUNICATION aerial 1.doc (Public) Logname: 8000BB PARK GAS PIPELINE EAST -WEST ALIGNMENT Page 2 of 2